2019 (6) TMI 512 - AT - Service Tax

Classification of services - Cargo Handling Service or Business Auxiliary Services - work of loading and transportation of raw/waste coal from Piparwar to Bachra Siding - HELD THAT - We discuss the activity carried out under the agreement dt. 01/06/2004. As per this agreement, the appellant was required to carry out loading/unloading and transportation of coal from Piparwar to Bachra Siding. The agreement makes it clear that the contract is for the work of transportation of coal. Such activity is to be classified only under the category of Goods Transfer Agency , since it involved mere transportation of goods. Agreement dt. 13/01/2005 - HELD THAT - As per this agreement, the appellant was required to carry out the activity of extraction and transfer of coal, by deploying Surface Miners . From the description of the Service, it is evident that the Service provided is in the nature of mining. Mining as a separate category of service liable to Service Tax was introduced only w.e.f. 01/06/2007. Since the demand made in this case is prior to this date, no Service Tax liability will arise on the appellant. The transport of coal within the mine was held to be under GTA Service by the Hon ble Supreme Court in the case of COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX, RAIPUR VERSUS SINGH TRANSPORTERS 2017 (7) TMI 494 - SUPREME COURT . Appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Classification of services under the category of "Cargo Handling Service" and "Business Auxiliary Service" for agreements with M/s. Central Coalfield Ltd.
2. Liability for payment of Service Tax under Section 65 (23) and Section 65 (19) of the Finance Act, 1994.
3. Interpretation of agreements for transportation and extraction of coal.
4. Applicability of Service Tax based on the nature of activities performed.
5. Comparison with relevant legal decisions for classification of services.

Analysis:
1. The appeal challenged the Order-in-Original regarding the liability for Service Tax under the categories of "Cargo Handling Service" and "Business Auxiliary Service" for agreements with M/s. Central Coalfield Ltd. The department argued for Service Tax based on the nature of activities performed under the agreements.

2. The appellant contended that the activity under the first agreement was mere transportation of coal within the mining area, not falling under "Cargo Handling Service." They relied on the introduction of the "Goods Transfer Agency" (GTA) category from 01/01/2005, stating no liability for Service Tax before this date. The Tribunal agreed with this view, classifying the activity as "Goods Transfer Agency."

3. For the second agreement involving extraction and transfer of coal, the appellant argued it was mining-related, falling under a category chargeable to Service Tax from 01/06/2007. The demand was for a period before this introduction, leading to no Service Tax liability. The Tribunal concurred, classifying the activity as mining-related.

4. The Tribunal analyzed the agreements and activities, concluding that the first agreement was for transportation of coal, not cargo handling. The second agreement involved mining activities, not falling under taxable services before 01/06/2007. Legal decisions and interpretations supported the appellant's arguments, leading to the setting aside of the Service Tax demand.

5. The Tribunal referenced legal precedents like the case of Sainik Mining Allied Services Ltd. and the Hon'ble Supreme Court's decision in CCE & ST, Raipur Vs. Singh Transporters to support the classification of services. The decisions highlighted that activities like transportation of coal within the mining area were not taxable under Cargo Handling Service but under Goods Transfer Agency. The Tribunal's decision aligned with these precedents, ultimately allowing the appeal and setting aside the Service Tax demand.